There is a newer version of the California Code
2012 California Codes
CCP - Code of Civil Procedure
PART 2 - OF CIVIL ACTIONS [307 - 1062.20]
TITLE 1 - OF THE FORM OF CIVIL ACTIONS
Section 309
CA Civ Pro Code § 309 (through 2013 Leg Sess) What's This?
A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial.
(Enacted 1872.)
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